Chapter 12.05 STREETS AND SIDEWALKS

(A) It is the policy of the City of Evansville to provide safe and attractive sidewalks to abutting property owners with existing sidewalks to the extent allowed by the City budget. To implement this, the City hereby adopts the Sidewalk Capital Policy. The programs and incentives offered herein are subject to annual appropriation of funds to carry out said programs. It is understood that to correct all sidewalk and curb ramp issues is a long-term and ongoing process. This policy is to be used as a guide for determining which sidewalk projects are to be financed within the funding sources available. Where sidewalks do not exist, it is the responsibility of the abutting property owner to pay for their construction.

(B) All sidewalk construction under this chapter shall be done in accordance with the Americans with Disabilities Act (ADA) and any other applicable Federal, State and local laws and rules and regulations of the Board of Public Works.

(C) This program shall not prevent the City from replacing, repairing and/or installing sidewalks at its discretion at its own cost, including, but not limited to, repair or replacement as part of a major construction project. [Ord. G-2004-19, passed 10-27-04. 1983 Code § 5.55.01.]

12.05.020 Priority for ADA-approved curb ramps.

ADA-approved curb ramps will be the responsibility of the City. Priority will be given to any full block face sidewalk replacements and then in the priority contained in EMC 12.05.050(D)(3). [Ord. G-2004-19, passed 10-27-04. 1983 Code § 5.55.02.]

12.05.030 City and abutting property owner cost share.

(A) For sidewalk petitions submitted to the Board of Public Works prior to January 1, 2006, the cost sharing will be 75 percent City and 25 percent abutting property owners.

(B) For sidewalk petitions submitted to the Board of Public Works on or after January 1, 2006, the cost sharing will be 50 percent City and 50 percent abutting property owners. [Ord. G-2004-19, passed 10-27-04. 1983 Code § 5.55.03.]

12.05.040 Sidewalk petitions.

(A) The Board of Public Works will adopt such forms as necessary for the abutting property owners to petition the City for sidewalk replacement and repair.

(B) As part of the sidewalk replacement and repair petition, the abutting property owners shall agree to a 10-year repayment schedule under the Barrett Law process. [Ord. G-2004-19, passed 10-27-04. 1983 Code § 5.55.04.]

12.05.050 Priorities for Sidewalk Capital Program.

(A) Existing sidewalks will be categorized into one of two categories:

(1) Sidewalk spot repair (replacement of less than a full block face); and

(2) Full block face replacement (replacement of one side of a street-sidewalk from intersection to intersection).

(B) Sidewalk Spot Repair. Priority for sidewalk spot repairs shall be given to sidewalk blocks according to the following criteria:

(1) Level 1 (High Priority). Level 1 priority shall consist of a sidewalk containing one or more of the following conditions:

(a) Lift or separation over one inch between sidewalk sections;

(b) Tilt or cross-slope greater than one inch per foot;

(d) Lift or settlement greater than two inches from the top of the curb; or

(e) Spalling or other forms of deterioration over 50 percent of a sidewalk section.

(2) Level 2 (Low Priority). Level 2 priority shall consist of a sidewalk containing one or more of the following conditions:

(a) Lift or separation over one-half inch between sidewalk sections;

(b) Tilt or cross-slope between one-half inch and one inch per foot;

(d) Lift or settlement between one inch and two inches from the top of the curb; or

(e) Spalling or other forms of deterioration over 25 percent of a sidewalk section.

(3) If a sidewalk does not meet any of the criteria in subsection (B)(1) or (2) of this section, then such sidewalk spot repair will not be funded under this program.

(C) Full Block Face Replacement. Priority for full block face replacement shall be given to sidewalk blocks according to the following criteria:

(1) Level 1 (Very High Priority). Not less than 75 percent of the sidewalk sections of the block face that has one or more of the following conditions present:

(a) Lift over one inch between sidewalk sections;

(b) Tilt or cross-slope greater than one inch per foot;

(d) Lift or settlement greater than two inches from the top of the curb; or

(e) Spalling or other forms of deterioration over 50 percent of a sidewalk section.

(2) Level 2 (High Priority).

(a) Not less than 50 percent of the sidewalk sections of the block face have one or more of the following conditions:

(i) Lift over one inch between sidewalk sections;

(ii) Tilt or cross-slope greater than one inch per foot;

(iii) Horizontal separation equal to or greater than two and one-half inches;

(iv) Lift or settlement greater than two inches from the top of the curb; or

(v) Spalling or other forms of deterioration over 50 percent of a sidewalk section;

(b) Not less than 75 percent of the sidewalk sections of the block face have one or more of the following conditions:

(i) Lift over one-half inch between sidewalk sections;

(ii) Tilt or cross-slope between one-half inch and one inch per foot;

(iii) Horizontal separation between two inches and two and one-half inches;

(iv) Lift or settlement between one inch and two inches from the top of the curb; or

(v) Spalling or other forms of deterioration over 25 percent of a sidewalk section.

(3) Level 3 (Medium Priority).

(a) Not less than 25 percent of the sidewalk sections of the block face have one or more of the following conditions:

(i) Lift over one inch between sidewalk sections;

(ii) Tilt or cross-slope greater than 12 inches per foot;

(iii) Horizontal separation equal to or greater than two and one-half inches;

(iv) Lift or settlement greater than two inches from the top of the curb; or

(v) Spalling or other forms of deterioration over 50 percent of a sidewalk section.

(b) Not less than 50 percent of the sidewalk sections of the block face have one or more of the following conditions:

(i) Lift over one-half lift between sidewalk sections;

(ii) Tilt or cross-slope between one-half inch and one inch per foot;

(iii) Horizontal separation between two inches and two and one-half inches;

(iv) Lift or settlement between one inch and two inches from the top of the curb; or

(v) Spalling or other forms of deterioration over 25 percent of a sidewalk section.

(4) Level 4 (Low Priority).

(a) Not less than 25 percent of the sidewalk sections of the block face have one or more of the following conditions:

(i) Lift over one-half inch between sidewalk sections;

(ii) Tilt or cross-slope between one-half inch and one inch per foot;

(iii) Horizontal separation between two inches and two and one-half inches;

(iv) Lift or settlement between one inch and two inches from the top of the curb; or

(v) Spalling or other forms of deterioration over 25 percent of a sidewalk section.

(5) If a sidewalk does not meet one or more of the criteria listed above, such full block face replacement petition will not be funded.

(D) Cost Sharing. It is the policy of the City to cost share with the abutting property owner when requested to replace or repair the sidewalk under the procedure outlined below. This program is subject to funding by the City Council.

(1) In the case of a spot repair, each abutting property owner desiring to have the public sidewalk traversing or bordering his property repaired shall petition in writing for a spot repair/replacement or for a full block replacement. The petition shall be signed by the person(s) requesting such repair. If there is more than one owner per lot, each such owner (or his authorized representative) shall sign such petition. The petition shall be submitted to the office of the Board of Public Works for review, classification and prioritization.

(2) In the case of a full block replacement, abutting owners of over 50 percent of the lots contiguous to the full block sidewalk replacement area shall submit a signed petition to the Board of Public Works. If there is more than one owner per lot, each such owner (or his authorized representative) shall sign such petition. The petition shall be submitted to the office of the Board of Public Works for review, classification and prioritization.

(3) Upon receipt of a petition (spot repair or full block replacement) as provided above, the Board of Public Works shall classify the petitions according to the priority levels listed above. Within each such priority level, the board shall then prioritize the priority levels according to the following priorities:

(a) Priority 1. Streets within two blocks of a school, church, publicly owned building or facility, or government office;

(b) Priority 2. Streets with over 10,000 average annual daily traffic count;

Within the priority level classifications, Priority 1 shall be done first and then Priority 2 next and so forth, providing the necessary procedures are completed.

(4) Payment by Abutting Property Owner.

(a) The City shall use the Barrett Law process (IC 36-9-37 or 36-9-38) to finance the abutting property owner’s share of the sidewalk costs. For purposes of illustration, assume the full cost of the repair is $700.00. On a 50 percent/50 percent basis, the abutting property owner would be responsible for $350.00. Under the Barrett Law, the abutting property owner would have a number of options to make the $350.00 payment:

(i) The abutting property owner could pay a lump sum payment of $350.00;

(ii) The abutting property owner could choose to pay over a 10-year period in equal annual installments of $35.00 per year; or

(iii) The abutting property owner could make payments for a number of years and then pay the balance off at any time.

(b) Under the Barrett Law process, the amount owed by the abutting property owner is recorded as a lien to ensure payment by any subsequent owners.

(5) Assessment. An assessment is based on the number of frontage feet as provided by the Barrett Law divided by either four or two based on the appropriate cost sharing.

(6) Under the spot repair petition process, the City may review the sidewalks in the block of the proposed spot repair, and do one of the following:

(a) Decline to make such sidewalk repair; or

(b) Request that a petition be circulated to all abutting property owners abutting the full block face for sidewalk replacement. If 50 percent or less of the abutting property owners request a full block sidewalk replacement, the City may decline to make such sidewalk spot repair.

(7) If utility obstructions including, but not limited to, poles, meters, or sign posts are placed in the sidewalk, it shall be the responsibility and cost of said utility to assure that the sidewalk width around the obstruction is ADA-compliant. The design approval of the solution shall be approved by the Board of Public Works.

(8) For corner lots which have sidewalks to be replaced on more than one boundary line of the lot, the following shall apply:

(a) The abutting property owner will be responsible at the appropriate cost sharing level for the first sidewalk boundary that has a full block face sidewalk replacement. The City will have full financial responsibility for the other side of the lot for full block sidewalk replacement; and

(b) The abutting property owner will be responsible at the appropriate cost sharing level for any sidewalk spot repair on the lot.

(9) Property Tax Exemption. If the abutting property owner has either a valid over 65 property tax exemption or a blind or disabled property tax exemption with the Vanderburgh County Auditor, such abutting property owner has the following payment options:

(a) The abutting property owner may pay the amount owed in full;

(b) The abutting property owner may elect to pay over a 10-year period in equal installments on the property assessment billing; or

(c) The City may place a lien on the property for the full amount which will be due and payable either upon transfer to another person or if the exemption is revoked.

(10) Driveway Curb Cut. If an abutting property owner has an approved curb cut and the owner desires to redo the driveway or the abutting property owner desires to extend the walkway between the sidewalk and the curb, the abutting property owner shall be fully responsible for such improvements and must obtain all necessary approvals as provided under this municipal code. However, the costs of such improvements will be added on to the sidewalk billing and may be paid in the same manner as the sidewalk billing. The City will not share in the cost of such improvement. [Ord. G-2004-19, passed 10-27-04. 1983 Code § 5.55.05.]

12.05.060 Definitions.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“Harmful chemical” means a substance which, if spilled or allowed to escape into the air on a public way, could damage public ways, or could endanger the public. “Harmful chemical” includes, but is not limited to, petroleum products, chlorine, acids, or lime mortar.

“Loose material” means material which may litter a public way or endanger the public if deposited on a public way. “Loose material” includes, but is not limited to, sand, gravel, dirt, garbage, glass, metal scraps, paper, and manure.

“Public way” means any area over which the public has a right-of-way. By way of example and not of limitation, streets, alleys, or sidewalks are “public ways.” [Ord. G-74-26, passed 8-5-74. 1962 Code, Art. 5, Ch. 2, § 1; 1982 Code § 96.01; 1983 Code § 9.96.01.]

12.05.070 Disturbing sod, earth, or pavement.

No person shall disturb sod or earth along a public way without permission of the Board of Public Works. No person shall damage a public way without the permission of, or without a permit issued by, the Board of Public Works. [Ord. G-74-26, passed 8-5-74. 1962 Code, Art. 5, Ch. 2, § 2; 1982 Code § 96.02; 1983 Code § 9.96.02.]

12.05.080 Loose material and sand, gravel and dirt loading and hauling requirements.

(A) No person shall allow loose material under his control to be deposited on a public way. No person shall haul loose material except in a truck or trailer provided with a cover adequate to prevent the loose material from being deposited on a public way. Sand, gravel or dirt may be hauled in open trucks as long as the material is not allowed to fall on a public way and the requirements of subsection (B) of this section are complied with.

(B) Vehicles hauling sand, gravel or dirt on a public way without a cover shall be loaded in the following manner:

(1) The load shall be contained inside the cargo box with at least a 12-inch distance from the point at which the load strikes the side of the cargo box to the top of the cargo box.

(2) The peak, or the highest point, of the load shall not be higher than the top of the vehicle cab or vehicle cab shield.

(3) All vehicles must have a leakproof gate. Pickup trucks and other vehicles with a low-hinged tailgate must have a liner to prevent leakage.

(4) All areas of the vehicle not within the confines of the cargo box shall be free of loose materials.

(5) The vehicle cargo area, including but not limited to the bottom, tailgate hinges, latches and sideboards, must be in a substantial state of repair to prevent shifting or leakage of the cargo.

(C) No person shall operate a vehicle hauling sand, gravel or dirt on a public way, nor load such vehicle with sand, gravel or dirt to travel on a public way without a cover unless the requirements of subsection (B) of this section are complied with. [Ord. G-90-4, passed 3-20-90. 1982 Code § 96.03; 1983 Code § 9.96.03.]

12.05.090 Harmful chemicals.

No person shall deposit a harmful chemical on a public way, or allow a harmful chemical to escape into the air along a public way. No person shall transport a harmful chemical over a public way except in a container or vehicle designed so as to prevent the escape of the harmful chemical. [Ord. G-74-26, passed 8-5-74. 1962 Code, Art. 5, Ch. 2, § 5; 1982 Code § 96.04; 1983 Code § 9.96.04.]

12.05.100 Flammable material.

No person shall intentionally or unintentionally deposit flammable material on a public way. No person shall burn material on a public way. [Ord. G-74-26, passed 8-5-74. 1962 Code, Art. 5, Ch. 2, § 9; 1982 Code § 96.05; 1983 Code § 9.96.05.]

12.05.110 Dragging objects on public ways.

No person shall drag an object on a public way so as to cause damage to the surface of a public way. [Ord. G-74-26, passed 8-5-74. 1962 Code, Art. 5, Ch. 2, § 10; 1982 Code § 96.06; 1983 Code § 9.96.06.]

12.05.120 Water or runoff.

No person shall allow water other than normal runoff from rainfall to flow from premises belonging to or occupied by him onto a public way. [Ord. G-74-26, passed 8-5-74. 1962 Code, Art. 5, Ch. 2, § 11; 1982 Code § 96.07; 1983 Code § 9.96.07.]

12.05.130 Painting or marking streets for advertisements.

No person shall paint or otherwise mark a message or symbol on a street, alley, or sidewalk for the purpose of advertising any cause, proposition, or commercial enterprise. [Ord. G-74-1, passed 4-8-74. 1962 Code, Art. 2, Ch. 9, § 3; 1982 Code § 96.08; 1983 Code § 9.96.08.]

12.05.140 Obstructing public ways.

No person shall cause the obstruction or partial obstruction of a public way without the permission of or without a permit issued by the Board of Public Works, except as provided in EMC 10.15.100. [Ord. G-74-26, passed 8-5-74. 1962 Code, Art. 5, Ch. 2, § 4; 1982 Code § 96.09; 1983 Code § 9.96.09.]

12.05.150 Obstructing driver’s view.

No owner, occupant, or tenant of any real estate abutting any street intersections, alley-street intersections, and intersections of public, business, and service driveways with streets shall permit any trees, plants, shrubbery, signs, parked vehicles, or any other object which obstructs or tends to obstruct the view of any operator of a vehicle or of a pedestrian approaching the intersections to grow to a height in excess of three feet from the grade of the street at the intersections and within 25 feet of the curb intersection thereof. Any owner or occupant of any property abutting any street intersections, alley-street intersections, and intersections of public, business, and service driveways with streets who shall fail to comply with this section shall be given notice of noncompliance by leaving a copy of the notice with any occupant or owner of the real estate or by posting the notice on the real estate. Failure thereafter within five days to comply shall constitute a violation of this section. [Ord. G-68-20, passed 7-1-68. 1962 Code § 313.08; 1982 Code § 96.10; 1983 Code § 9.96.10.]

12.05.160 Playing in public way.

No person shall play in a public way. However, this section shall not be construed to prohibit the playing of games in duly designated play streets. No person shall throw an object along or across a public way. Objects not to be thrown include, but are not limited to, balls, stones, or flying toys. [Ord. G-74-26, passed 8-5-74. 1962 Code, Art. 5, Ch. 2, § 6; 1982 Code § 96.11; 1983 Code § 9.96.11.]

12.05.170 Removal of snow and ice.

(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning:

“Occupant of the premises” means the occupant of the first floor of a building regardless of the nature (business, residential, or the like) of his occupancy. If the first floor of a building is unoccupied, the owner of the premises shall be considered the “occupant of the premises.”

(B) The occupant of a premises or owner of an unoccupied premises abutting a sidewalk shall remove the snow and ice which may collect on the sidewalk. In the event that snow or ice on a sidewalk is frozen so hard that it cannot be removed by normal means, removal would cause damage to the sidewalk, or weather conditions are such that removal of the snow or ice is impracticable, the person responsible for the sidewalk shall sprinkle the sidewalk with a material such as sand, salt, or sawdust so as to make the sidewalk safe to walk on. The sidewalk shall be cleaned as soon as the weather permits. [Ord. G-74-26, passed 8-5-74. 1962 Code, Art. 5, Ch. 2, § 7; 1982 Code § 96.12; 1983 Code § 9.96.12.]

12.05.180 Permit required for parade.

(A) No person, firm, organization, or group of individuals shall hold or participate in a parade in the City without first having obtained a permit therefor and paid a fee of $5.00 to the City Controller for the permit. The Board of Public Safety shall adopt regulations pertaining to parades and the application for permits therefor. On approval of the application by the Board of Public Safety and the payment of the fee, the permit shall be granted and shall be valid only for the date, hour, and route specified in the permit. No application shall be considered unless submitted to the Board of Public Safety a minimum of 24 hours prior to the scheduled time of the parade.

(B) The application, when presented to the Board of Public Safety, shall have attached thereto the endorsement of the City Controller that the fee has been paid. If the permit is denied, the City Controller shall refund to the applicant any fees paid hereunder.

(C) In the absence of a quorum of the Board of Public Safety, the Mayor shall sit as a temporary member for the purposes of this section. In the absence of the Mayor, the President of the Common Council shall sit, and in the absence of all members of the board, the Mayor and President of the Common Council, for the purposes of this section, may act as the temporary Board of Public Safety. [Ord. G-68-17, passed 6-17-68. 1962 Code § 305.04; 1982 Code § 96.13; 1983 Code § 9.96.13.]

12.05.190 Use of sidewalks.

No person shall use a sidewalk as a place of business, unless the area of sidewalk used is designated a public market. Owners and occupants of premises used for a business purpose which abut a sidewalk may use an area two feet in width of the abutting sidewalk for the purpose of displaying goods, so long as that use does not interfere with pedestrians traveling along the sidewalk. A larger area may be used only if a permit is obtained from the Board of Public Works. [Ord. G-74-26, passed 8-5-74. 1962 Code, Art. 5, Ch. 2, § 8; 1982 Code § 96.14; 1983 Code § 9.96.14.]

12.05.200 Drainage and ditches.

(A) No person shall cause any fill or obstruction to be placed in or upon any stream, ditch, watercourse, or drainage pipe in any City right-of-way or drainage easement without a permit issued by the Board of Public Works.

(B) No person shall dam, divert, or otherwise change or alter the natural or artificial flow of waters or drainage in or upon any City right-of-way or drainage easement except by permit issued by the Board of Public Works.

(C) No person shall undertake an activity described in subsection (A) or (B) of this section except in strict compliance with the approved application and permit of the Board of Public Works.

(D) Procedure for Obtaining Permit.

(1) Any person who desires to undertake an activity prohibited by subsection (A) or (B) of this section shall make written application to the City Engineer.

(2) Such application shall describe in detail the action applicant desires to undertake and have attached thereto a drawing showing in detail the action to be undertaken. The drawing shall be prepared by a professional engineer licensed as such by the State of Indiana. The licensed professional engineer shall, in writing, certify to the following:

I hereby certify that the actions proposed by the applicant will not prevent the ditch, watercourse, stream or pipe from handling a twenty-five (25) year rain event.

(3) All such action must be in compliance with drainage standards approved by the Board of Public Works, assure proper drainage of the area in question, not present a safety hazard to upstream property, downstream property, or public right-of-way, and be in compliance with all other provisions of this municipal code and State law.

(4) The Board of Public Works is hereby authorized to establish rules and regulations regarding the granting of permits and procedures to accomplish or aid the permit procedure including, but not limited to, required drawings, property descriptions and certificates by engineers. The Board of Public Works is hereby authorized to issue rules and regulations for the waiver of the requirement of certification by a licensed professional engineer.

(5) The Board of Public Works is authorized to place conditions on the approval of permits in order to facilitate drainage and promote public health, safety and welfare.

(6) The Board of Public Works shall act on the application in a public meeting.

(7) Any pipe or culvert placed in a ditch, stream or watercourse shall meet the H20 highway standard and be capable of handling a 25-year rain event. Any piping, except for a driveway culvert, shall have an approved inlet to allow drainage of the street and adjoining property.

(E) Enforcement.

(1) Whenever the City Engineer or staff of the Board of Public Works is informed that a possible violation of this section has occurred, a preliminary determination of probable cause to believe a violation has occurred shall be made by either the City Engineer or the Director of the Department of Transportation. After such determination, a written notice of such violation shall be sent by certified mail to the person believed to be responsible. The alleged violator shall have 32 days from the date of mailing to bring the property into compliance. If the violator fails to complete corrective action within said 32 days, notice shall be sent by certified mail that a violation has occurred and a fine of $200.00 has been imposed. The violator has an additional 32 days to bring the property into compliance to avoid the additional cost of having the City, by contractor or its own employees, correct the noncompliance with the costs of correction being paid by the violator. Once this fine is imposed, subsequent correction will not nullify the fine.

(2) No notice shall be required prior to imposing a fine or undertaking corrective action by the City through a contractor or through the City’s own work force if the action constituting a violation poses a substantial risk of injury or death to any person, damage to upstream or downstream property, damage to the right-of-way, or threatens the use of the public right-of-way or drainage easement. In such event, anyone authorized to issue citations may issue such citation imposing a fine of $200.00 and take the corrective action necessary to alleviate the violation, all at the cost of the person responsible for the violation. To this end, this procedure shall be treated as an emergency procedure.

(3) Any notices required by this section shall be deemed sufficient if mailed to the address where the violation has occurred. Failure to claim the certified letter, refusal to accept the certified letter or failure of the person signing the receipt to deliver it to the addressee shall not render the notice defective or invalid in any respect. Notice shall be deemed effective when deposited in the United States mail, postage prepaid.

(F) Fines and Penalties. Any person who violates the provisions of this section shall be subject to a fine of $200.00 plus the cost of removal and correction of any such prohibited act. Such corrective action may be done by City employees or contractors hired to do the work. In addition, the City may pursue any action permitted by this municipal code or State law. [Ord. G-98-15, passed 6-15-98. 1983 Code § 9.96.15.]

Cross-reference: Temporary use of streets during construction, EMC 15.05.240.

12.05.210 Signs in the right-of-way.

The following definitions shall apply to this section unless another meaning is clearly intended:

(A) Applicability. This section pertains to signs in the right-of-way and is not intended to diminish, replace or modify regulations on private or public property found in this title, the building code (EMC Title 15) or in the zoning code (EMC Title 18).

(B) Definitions. The following definitions shall apply to this section unless another meaning is clearly intended:

“Curb line” shall mean the outer edge of a curb which is the furthest distance from the centerline of a street.

“First Amendment sign” means any sign promoting any cause, party, candidate, idea or concept; except it does not include advertising signs advertising any business or sale of product or service by a business.

“Garage sale” or “yard sale” shall mean the selling of used items of personal property for a length of time not to exceed three consecutive days and not more than two times in any calendar year.

“Owner” shall mean the fee owner or any person having a present possessory interest in the real estate.

“Right-of-way” shall mean any street or alley right-of-way dedicated for public use and used as a street, public sidewalk, or alley under the jurisdiction of the Board of Public Works. It shall include the entire width between the boundary lines of said street or alley.

(C) Purpose and Policy. It is the purpose of this section to outline and provide a policy and procedure for the regulation of signs attached directly or indirectly (e.g., attached to a post, tree or other apparatus) to the right-of-way of the City or located in the right-of-way. This section does not apply to signs on vehicles within the right-of-way or signs that are carried in some manner by an individual. The proliferation of signs within the right-of-way creates a blight upon the community and may distract a driver from the traffic-control signage that provides protection to drivers and pedestrians. Signage may also provide obstructions to sight distance of vehicular traffic or pedestrians. It is the further intent of this section to allow property owners to remove signage that is not authorized by the City for informational or traffic-control purposes, for aesthetic or other reasons. The provisions of this section shall not abrogate any applicable State or Federal laws or local ordinances that are more restrictive, and in such event, the strictest provisions shall apply. This section shall not apply to the right-of-way of the State of Indiana, which solely controls that property, unless the State and the City enter into an agreement for the removal of signs from State right-of-way.

(D) Prohibitions and Violations.

(1) No person shall place or maintain a sign in, on or over the area of the street between the curb lines or in any alley right-of-way in the City.

(2) No person shall place a sign in, on or over the grassy area of any boulevard.

(3) No person shall place or maintain a sign in, on, or over the grassy area between the curb and the public sidewalk.

(4) No person shall place any sign in, on, or over any public sidewalk.

(5) No person shall damage the pavement, curb, or sidewalk in the installation of any sign or place any writing or markings upon any pavement, sidewalk, curb or City-installed sign. The property owner may have the numerical address of the property placed upon the curb.

(6) No person shall place or maintain a sign in, on or over the traveled (i.e., paved) portion of a street except as provided in this municipal code.

(7) No person shall place or attach any sign to a street light pole, utility pole, tree within the right-of-way, City-installed sign, or other apparatus authorized to be in a City right-of-way.

(E) Exceptions.

(1) This section shall not prevent warning or informational signage or markings placed by utilities or other owners of authorized installations within the right-of-way.

(2) This section shall not apply to any City employee, agent, or contractor of the City undertaking work authorized by any department, board or agency of the City. Also, it shall not prevent any utility, any contractor authorized to do work in the right-of-way or any emergency service from warning the public of any construction or traffic hazard in the right-of-way.

(3) This section shall not apply to signs on vehicles or signs carried in any manner by any individual.

(4) So long as a property owner is in compliance with EMC 18.130.140, a property owner may place a temporary sign approximately six square feet in size in his yard, or if he has no yard, and the house or principal building abuts the public sidewalk, then in the grassy area between the sidewalk and the curb or street pavement, notifying the public of a garage sale or yard sale taking place on that parcel of property so long as placement of the sign does not constitute a sight distance problem for vehicular traffic. The sign may be installed the day before the yard sale and shall be removed at the conclusion of the yard sale. No off-premises yard sale or garage sale signs shall be allowed in the right-of-way.

(5) In the situation where the house or principal building abuts a public sidewalk, a person may place a temporary “For Sale,” “For Rent,” or “For Lease” sign approximately six square feet in area, in the grassy area, if any, between the curb and the sidewalk of the property during the time period said property, or a portion thereof, is for sale or lease, so long as a placement of the sign does not present a sight distance problem for vehicular traffic.

(6) In situations where the right-of-way extends into the yard of the property owner beyond the sidewalk, the property owner may place a temporary “For Sale,” “For Rent,” or “For Lease” sign in the right-of-way outside (on the house or principal building side) of the sidewalk in the yard. If there is no public sidewalk, then such sign may be placed on the house or principal building side of a curb or street pavement.

(7) First Amendment signs may be placed in the right-of-way so long as they do not lie between the outside (house or principal building side) of the public sidewalk and the paved portion of the street or in any boulevard or area mowed by the City or its contractor, and the person placing the sign has the consent of the property owner in front of whose property the sign is to be placed. Said First Amendment signs may not be placed on or over any paved portion of the street or sidewalk or on any tree, street light pole, utility pole, sign or apparatus placed or authorized by the City to be in the right-of-way. If there is no public sidewalk, then such sign may be placed on the house or principal building side of a curb or street pavement. No First Amendment sign shall be placed in any location that presents a sight distance problem for vehicular traffic.

(F) Removal of Signs. Signs found in violation of this section may be removed by the employees of the Parks Department, Board of Public Works, Levee Authority, Water and Sewer Utility, Department of Code Enforcement, Building Commissioner’s office, Area Plan Commission office, and Police Department, or utility company employees who have utilities in the right-of-way or the owner of the abutting property. Additionally, the Mayor may designate in writing such other persons to enforce the provisions of this section as the Mayor deems appropriate, including, but not limited to, members of not-for-profit organizations dedicated to the beautification of the City.

The Board of Public Works shall designate a drop-off location for the deposit of removed signs. For any signs received by the Board of Public Works, the office shall attempt to contact the owner or person whose name appears on the sign by telephone, if a telephone number is on the sign or can be determined from information on the sign; or by letter if there is no telephone number but there is an address on the sign, to inform the owner that the sign has been removed, that the sign will be disposed of in three business days if not picked up by the owner or his agent, and the times and location the sign may be reclaimed by the owner. If the owner’s address or telephone number cannot be determined from the information contained on the sign or if the sign is not picked up within three business days of notification to the owner, the sign will be presumed to be abandoned and worthless property and disposed of by the City. Any other persons removing the sign may drop it off at the designated BPW location or contact the owner as provided above. If not reclaimed by the owner or his agent within three business days, the person removing the sign may dispose of it.

As an alternative to picking up the signs, the City, abutting property owner, or other person authorized above to remove signs in violation of this section may contact the owner and notify the owner, in the same manner as provided above, of the block and street wherein a sign is located in violation of this section and state that if said sign is not removed within three business days, the sign will be disposed of as abandoned and worthless property.

(G) Penalty. Any person who places, maintains or displays a sign in violation of this section or any person who places a mark or wording on a City-installed sign or upon a sidewalk, curb or pavement in violation of this section shall be subject to a fine of $25.00 per violation. If any such City sign, sidewalk, curb or pavement must be repaired or replaced because of a violation of this section, then cost of such repair or replacement shall be added to the fine imposed in this subsection. Each day such a sign is maintained in violation of this section shall be a separate offense.

(H) For more restrictions and regulations see:

(1) For cloth and banner signs see EMC 15.20.110.

(2) For projecting signs see EMC 15.20.090.

(3) For further prohibited signs see EMC 18.140.060.

(4) The provisions contained in this section shall not be construed to replace or repeal the provisions listed above or any regulations or restrictions found in EMC Title 15 or 17. [Ord. G-2005-12, passed 6-23-05. 1983 Code § 9.96.16.]

Cross-references: EMC 15.20.010 – 15.20.130, 18.140.050 and 18.140.060.

12.05.220 Street cuts.

(A) No person shall cut into the surface of any street or sidewalk without a street cut permit issued by the Board of Public Works. However, public utilities may make emergency cuts without permits. The utility company making an emergency cut shall notify the Board of Public Works immediately or as soon thereafter as possible of the fact that an emergency cut is being made. Written notice shall follow after the original notice by the utility as soon as it is practicable.

(B) All persons cutting the surface of any street or sidewalk shall maintain all necessary guards, barricades, and danger signals and shall furnish all necessary watchmen to protect the public and the work during its progress. Upon the completion of the work, the person performing the work shall refill all cuts.

(C) The Board of Public Works and the City Engineer’s office shall have authority to establish rules, regulations, and standards for the following items:

(1) Backfilling all cuts, and resurfacing the cut streets and sidewalks.

(2) Requiring that the cut be identified by color or some other applicable means in order to identify who has cut the street.

(3) Determining the forms of the application for a permit, the forms for permits, and the length of the validity of the permit.

(4) Establishing additional safety requirements regarding street cuts.

(5) Requiring a bond to be posted or insurance to be obtained by a person.

(D) In the event the Board of Public Works resolves to improve any street, the board may call a preconstruction conference of all the utility companies that may be affected by the street improvement. The Board of Public Works may, at the preconstruction conference, coordinate or order the removal and relocation or installation of utilities pursuant to law. The board shall also notify all persons whose property abuts a street which is to be improved to make service connections. [Ord. G-73-12, passed 10-7-74. 1962 Code, Art. 5, Ch. 9, §§ 1 – 5; 1982 Code § 96.20; 1983 Code § 9.96.20.]

12.05.230 Sidewalk construction.

(A) No person shall construct, alter, or repair any sidewalk without a permit issued by the Board of Public Works.

(B) The Board of Public Works and the Engineering Department shall have authority to establish safety requirements for sidewalk construction. The Board of Public Works and the Engineering Department shall have additional authority to do the following:

(1) Require the posting of a bond or certificate of insurance for sidewalk construction.

(2) Require the identification of the sidewalk by color or other appropriate means for the identification of who constructed the sidewalk.

(3) Prescribe permit forms and application forms, including the time limit of the permit.

(4) Establish rules and regulations for the effective implementation of this section. [Ord. G-73-12, passed 10-7-74. 1962 Code, Art. 5, Ch. 10; 1982 Code § 96.21; 1983 Code § 9.96.21.]

12.05.240 Driveway construction – Curbs.

(A) No person shall construct, build, establish, or maintain any driveway or roadway for the use of vehicles of any nature over, across, or on any public sidewalk, or cut, change, alter, or remove any sidewalk or the curb adjacent thereto for the purpose of locating or constructing any driveway or roadway without first having obtained a permit therefor from the Board of Public Works as provided in subsection (B) of this section. However, a temporary driveway for use in connection with the removal or construction of buildings and excavations shall be permitted in the manner and for the length of time as may be provided by the board.

(B) Any person desiring to construct, build, establish, or maintain any driveway or roadway over, across, or on any public sidewalk, or to cut, change, alter, or remove any sidewalk or any curbing adjacent thereto for the purpose of locating or constructing the driveway or roadway shall submit the plans and specifications to the City Engineer. When the City Engineer has approved the plans and specifications, the person shall apply to the Board of Public Works for a permit for the construction or maintenance of the driveway and the board shall thereupon grant the permit.

(C) No driveway or roadway shall be so constructed as to prevent free and unobstructed passage over, on, or across it or in a manner as to interfere with the proper drainage and safe grading of the street. The driveway or roadway shall be kept well paved and in a good state of repair. While the construction of the driveway is being carried on, proper barricades and warning lights shall be maintained thereat from one hour after sunset until one hour before sunrise during the time when the obstruction remains. [1962 Code § 903.02; 1982 Code § 96.22; 1983 Code § 9.96.22.]

12.05.250 Sidewalk parks.

(A) On improved streets where there remains a strip of ground between the curb of the improved roadway and the front lot line, according to the recorded plat of the abutting real estate, that has not been specifically designated by the Board of Public Works for a sidewalk or is not used for a sidewalk, the strip of ground shall be known as a sidewalk park. No person shall ride or drive any vehicle or animal on or across the sidewalk park or place any rubbish or trash on it, or in any manner injure or destroy it.

(B) The owner of real estate abutting the sidewalk park shall cause the park to be made or kept on a grade with the top of the curb on the roadway and shall keep the park set in grass and free from weeds, trash, or rubbish. Any person desiring to construct and maintain a driveway across the park opposite his real estate, or desiring to pave the park or any part thereof, shall apply to the Board of Public Works for a permit to do so. The application shall be in writing, shall state the number of lineal feet that the applicant desires to pave, the number of the lot or lots upon which the park abuts, together with the reason why the driveway should be built or paved. The board may in its discretion grant the permit. The owner shall keep the driveway or pavement well paved and in a good state of repair. [1962 Code § 903.03; 1982 Code § 96.23; 1983 Code § 9.96.23.]

12.05.260 Licensing of sidewalk contractors.

(A) No person shall engage in the business of sidewalk contractor or in the business of laying any concrete work or setting any stone curbing in the streets, alleys, sidewalks, or public grounds of the City without first having obtained a license. The annual license fee for a sidewalk contractor shall be $10.00.

(B) All applicants for a sidewalk contractor license shall file with the Board of Public Works a bond in the penal sum of $5,000 with good and sufficient surety to be approved by the board and conditioned that the work will be according to plans and specifications and all requirements of this code and ordinances of the City, and that all construction under any permit issued pursuant to this chapter will be completed within a reasonable time, the time to be determined by the City Engineer. The bond will inure to the benefit of both the City and the person for whom the work is being done and shall indemnify and save the City harmless from any liability arising out of the work.

(C) All work shall be done according to plans, specifications, and the code and ordinances of the City. All work shall be properly barricaded and warning lights shall be kept on the barricades from one-half hour after sunset to one-half hour before sunrise.

(D) The Board of Public Works may establish rules and regulations for the effective implementation of this section. [Ord. G-67-12, passed 8-21-67. 1962 Code § 903.05; 1982 Code § 96.24; 1983 Code § 9.96.24.]

Cross-reference: Contractor licensing, Chapter 5.70 EMC; abatement of nuisances, EMC 8.10.020.

12.05.270 Location of poles.

All telegraph, telephone, electric light, and other poles, except traffic regulatory signs which shall be installed pursuant to the Manual on Uniform Traffic-Control Devices for Streets and Highways, hereafter erected in any public alley or public street within the City shall be located as follows:

(A) Any pole erected in a public alley, except replacement poles, shall be located against the outside line thereof unless otherwise directed by the City Engineer.

(B) Any pole erected in a public street, except replacement poles, shall be located alongside of, and adjacent to, the outer edge of the sidewalk. If there is insufficient street right-of-way along the outer edge of the sidewalk in which to erect the pole, or if conditions or circumstances exist which would prevent or make it impractical to erect the poles adjacent to the outer edge of the sidewalk, the pole shall be erected at some other location designated by the City Engineer within the street right-of-way.

(C) Replacement poles erected in a public alley or a public street may be erected at the same location as the poles being replaced. [Ord. G-67-16, passed 2-5-68. 1962 Code § 931.01; 1982 Code § 96.30; 1983 Code § 9.96.30.]

12.05.280 Loose wires.

No telegraph, telephone, or other company and no person shall have or maintain on any street, alley, or other public place within the City any wire that is not securely fastened or attached to a sufficient number of poles or supports so as to prevent the wire from being or becoming loose. No person shall place or cause to be placed any loose wire on any street or alley or other public place within the City. [1962 Code § 931.02; 1982 Code § 96.31; 1983 Code § 9.96.31.]

12.05.290 Removal.

The owner or person having control of any electric light, telephone, telegraph, or any other pole erected in any public street or alley of the City shall remove it within 30 days after the pole ceases to be used for the purpose for which it was erected. [1962 Code § 931.04; 1982 Code § 96.32; 1983 Code § 9.96.32.]

12.05.300 Erection of poles.

All poles, posts, crossbars, wires, and other fixtures placed on or used in any street, alley, or public place within the City by any telegraph, telephone, electric light or power, or any other company shall be placed, owned, used, and maintained under the supervision and direction of the Board of Public Works. The board shall have the power to fix the size, height, and designation of poles, and shall have the power to order the location and the change of the location of the poles, wires, and apparatus whenever it is necessary for the safety or convenience of the public or for the prevention of danger to life or property. The owner shall be liable for the cost for the change of location. The poles and wires or other apparatus shall be so located as to cause as little obstruction as possible either to travel on the street or in the use and enjoyment of private property. [1962 Code § 931.05; 1982 Code § 96.33; 1983 Code § 9.96.33.]

12.05.310 Joint use of poles.

The Board of Public Works may compel the joint use of poles whenever practicable in order to limit the number of poles on streets and alleys to a minimum consistent with safety from danger to life and property. On any poles of any electric light, power, telegraph, or telephone company used jointly by two or more companies, each company shall be allotted a space zone and shall restrict its wires to that zone. Space shall be measured from the top of the pole down. The upper zone on the pole shall be at all times reserved for the use of the City in stringing its wires for fire alarm and police telegraph. [1962 Code § 931.06; 1982 Code § 96.34; 1983 Code § 9.96.34.]

12.05.320 Repair of streets or sidewalks.

Any person locating any poles or other appliances in or on any street, alley, or other public place in the City shall restore, replace, and properly relay and repair to the satisfaction and approval of the Board of Public Works any sidewalk, street, pavement, or earth which may be displaced, injured, or damaged in the location or maintenance of the poles or appliances. [1962 Code § 931.07; 1982 Code § 96.35; 1983 Code § 9.96.35.]

12.05.330 Placing wires underground.

The Board of Public Works may order any public utility company or person to place its wires, cables, conduits, and appliances underground whenever in the opinion of the board public necessity requires it. All necessary conduits for the wires and appliances and all gas mains shall be constructed and maintained under the control and supervision of the Board of Public Works. Any damage or injury caused to any street or alley or other public place within the City by the construction or maintenance of the wires, cables, conduits, appliances, and mains shall be repaired by the utility or person constructing or maintaining them to the approval and satisfaction of the Board of Public Works. [1962 Code § 931.09; 1982 Code § 96.36; 1983 Code § 9.96.36.]

12.05.340 Powers of City.

Nothing contained in this code or in any franchise agreement or contract between the City and any person shall be construed to limit the power of the Common Council to enact reasonable ordinances relating to the use of streets, alleys, and other public places within the City, it being intended to reserve to the City the right to pass any ordinance which under any express or implied law enforcement power it possesses or may hereafter possess the power to enact. [1962 Code § 931.10; 1982 Code § 96.37; 1983 Code § 9.96.37.]

12.05.350 Uniform or badge required for inspection, installation, or repairmen.

Every person furnishing or selling gas, electricity, or telephone service to persons within the City shall supply or cause to be furnished to every person employed by the person as inspector, examiner, or tester of meters or as an installation or repairman a uniform or badge showing the nature of employment and the name of the person by whom he is employed. No person employed for installing, testing, examining, repairing, inspecting, or removing any meters or service shall engage in the employment unless he is wearing a uniform or badge in a manner so that it can readily be perceived. No person not employed in this capacity shall enter or obtain entrance to any house, building, or store upon the representation that he is thus employed, or wear any uniform or badge showing or representing this employment. [1962 Code § 931.11; 1982 Code § 96.38; 1983 Code § 9.96.38.]

Article II. Street Names

12.05.360 Definitions.

For the purpose of this article, the following definition shall apply unless the context clearly indicates or requires a different meaning:

“Street” includes and applies to any avenue, boulevard, road, drive, court, place, circle, highway, lane, and all other public ways, highways, or thoroughfares used for travel but not including alleys. [1962 Code § 904.01; 1982 Code § 96.45; 1983 Code § 9.96.45.]

12.05.370 Streets in new subdivisions.

The initial naming of a new street in a new subdivision of the City shall be by the subdivider, subject to the approval of the Area Plan Commission of Evansville-Vanderburgh County in accordance with the provisions and criteria set out in Chapter 17.05 EMC. Final plat approval by the Area Plan Commission of Evansville-Vanderburgh County in accordance with the provisions of Chapter 17.05 EMC shall constitute final approval of the new street names in the subdivision. [1962 Code § 904.02; 1982 Code § 96.46; 1983 Code § 9.96.46.]

12.05.380 Other streets.

The Common Council shall have the power to name any newly dedicated street in the City which is not part of a new subdivision and to rename any street in the City. The Common Council shall exercise this power by resolution and in the naming or renaming of any street may request the recommendation of the Board of Public Works or the City Traffic Engineer. [Ord. G-71-19, passed 10-12-71. 1962 Code § 904.03; 1982 Code § 96.47; 1983 Code § 9.96.47.]

Article III. House Numbers

12.05.390 House numbers required.

(A) All persons owning, occupying, or serving as agents for any owner or occupant of any building or buildings which now exist or which may hereafter be erected or moved from one location to another within the City shall have numbers placed on the buildings in accordance with the plan herein set forth. The Area Plan Commission of Evansville-Vanderburgh County, on being informed of the exact location of any building, shall on application designate to the owner, occupant, or agent thereof the proper number of the building.

(B) No owner, occupant, or agent for any owner or occupant of any building, newly erected building, or building moved to a new location shall refuse or fail, within 30 days after notification by the Area Plan Commission of Evansville-Vanderburgh County of the correct number of the building, to place or cause to be placed that number on the building. No person shall take down without authority or alter, deface, destroy, or conceal any number on any building, or place or allow to be placed an erroneous number thereon, or suffer any erroneous number to remain on any building owned, occupied, or controlled by him. [Ord. G-2012-24 § 1, passed 12-12-12. 1962 Code §§ 905.02, 905.08; 1982 Code § 96.55; 1983 Code § 9.96.55.]

12.05.400 Numbering of buildings.

Numbering of all buildings on every street in the City, except as otherwise provided in this article, shall commence with the number “1” at one of the following streets, which shall divide the City and serve as baselines for the purposes of numbering.

(A) Main Street shall divide the City from north to south and southwest to the Ohio River.

(B) Division Street from Weinbach Avenue to its intersection with Pennsylvania Street and Pennsylvania Street west to Barker Avenue shall divide the City from east to west.

(C) Riverside Drive from a point 150 feet west of Fulton Avenue southeast to the angle in Riverside Avenue just east of Parrett Street shall divide, from northwest to southeast, that portion of the City whose street system does not follow the north-and-south and east-and-west direction of the majority of the streets of the City. However, on all streets lying in the area bounded by Northwest Riverside Drive, Main Street, Pennsylvania Street, and Fulton Avenue, including both sides of Fulton Avenue between Riverside Avenue and Pennsylvania Street, numbering shall commence with “1” at either Riverside Avenue or Main Street, as the case may be, and not at Pennsylvania Street, and no prefix indicating direction shall be given to the names of such streets, except in the case of streets crossing Main Street or running approximately parallel with such streets, as provided in EMC 12.05.410(C). [1962 Code § 905.03; 1982 Code § 96.56; 1983 Code § 9.96.56.]

12.05.410 Direction of streets.

(A) East and West. On all streets crossing Main Street from east to west or running parallel or approximately parallel with that street, that portion of every street lying east of Main Street or the approximate line in its prolongation north or south shall, unless otherwise provided in this article, be designated by the word “east,” and that portion of every street lying west of Main Street or the approximate line of its prolongation north or south shall, unless otherwise provided in this article, be designated by the word “west,” prefixed to the names of the streets respectively. However, this section shall not apply to streets which are located entirely on one side of the baseline.

(B) North and South. On all streets crossing Division Street or Pennsylvania Street from north to south or running parallel or approximately parallel with those cross streets, that portion of every street lying north of Division Street or Pennsylvania Street or the approximate line of their prolongation east or west shall be designated by the word “north” and that portion of every such street lying south of Division Street or Pennsylvania Street or the approximate line of their prolongation east or west shall, unless otherwise provided in this article, be designated by the word “south,” prefixed to the names of the streets respectively. However, this section shall not apply to streets which are located entirely on one side of the baseline.

(C) Northwest and Southeast. On all streets crossing Main Street from northwest to southeast or running parallel or approximately parallel with those cross streets, that portion of every street lying northwest of Main Street shall be designated by the word “northwest,” and that portion of every street lying southeast of Main Street shall be designated by the word “southeast,” prefixed to the names of streets respectively. However, this section shall not apply to streets which are located entirely on one side of the baseline.

(D) Angle Streets. On all streets commencing at Riverside Avenue or at a street approximately parallel with it and extending northeast and then east, that portion of every street which runs east shall be designated by the word “east,” and numbering on that portion shall conform to the numbering on other east-and-west streets, as provided in this section and EMC 12.05.400 and 12.05.420. The angle in those streets shall be the point at which they receive the designation “east,” and commence a new series of numbers, except in the following cases. Numbering on Sycamore Street shall continue from Riverside Avenue to Main Street; and Mulberry Street shall change to East Mulberry Street at Eighth Street and a new series of numbers shall commence at Eighth Street.

(E) Miscellaneous Streets. Streets whose direction is neither north-and-south nor east-and-west, except streets in that portion of the City controlled as to numbering by EMC 12.05.400, shall be considered as extending in a general northerly, southerly, easterly, and westerly direction, according to which of these directions the streets most closely approximate, and buildings on the streets shall be numbered as though the streets ran due north, south, east, or west, as the case may be. [1962 Code § 905.04; 1982 Code § 96.57; 1983 Code § 9.96.57.]

12.05.420 Numbers to a block.

One hundred numbers shall be assigned to each block or square on each street so far as practicable, but this procedure may be varied by assigning 200 numbers to one block or 100 numbers to two or more blocks where necessary, on account of irregular street layout, in order to provide corresponding numbers for all blocks in a series of parallel or approximately parallel streets at their intersection with any thoroughfare which is approximately parallel with the baseline for the series of streets. In each block one number shall be assigned to every 25 feet of frontage on either side of the street, odd numbers always on the right, even numbers on the left in the direction of numbering. However, in blocks where it is impractical to use 25 feet as the frontage unit for assignment of numbers without resorting to half numbers, the Area Plan Commission of Evansville-Vanderburgh County shall have authority to reduce the frontage unit as may be necessary. Numbers assigned to any block and not needed shall not be carried on to another block but shall be dropped so that numbers may commence in the next block with the next higher 100. [Ord. G-2012-24 § 2, passed 12-12-12. 1962 Code § 905.05; 1982 Code § 96.58; 1983 Code § 9.96.58.]

12.05.430 Broken street numbers.

In case of a break in the line of any street or in the case of a street not crossing or terminating on any of the streets serving as baselines, or its approximate prolongation, for the purpose of numbering the streets shall have the same numbers assigned as would have been assigned had the streets been straight and continuous from one of the baselines. [1962 Code § 905.06; 1982 Code § 96.59; 1983 Code § 9.96.59.]

12.05.440 Construction and placement.

Each number used on a building in compliance with the provisions of this article shall be composed of figures at least two and one-half inches in height, made of that material and color which will make the number always stand out distinctly against its background. Each number shall be placed at the center of the top riser of the steps leading to the front of the building. When this location is not practicable, the Area Plan Commission of Evansville-Vanderburgh County shall designate the proper location of the number so that the number shall be easily visible from the street. [Ord. G-2012-24 § 3, passed 12-12-12. 1962 Code § 905.07; 1982 Code § 96.60; 1983 Code § 9.96.60.]

Article IV. Street Vacations

12.05.450 Petition for vacation.

(A) Persons who own or are interested in any lots or parts of lots within the City, and want to vacate all or part of a public way or public place in or contiguous to those lots or parts of lots within the City, may file a petition for vacation with the Common Council of the City.

(B) Persons desiring such vacation must file with the Common Council no later than seven days prior to the first reading on the vacation ordinance a sworn petition containing the following:

(1) The name and address of the applicant, including the following:

(a) If an individual, whether the individual is acting for only himself or in a representative capacity for any other person.

(b) If a partnership, the names of all of the partners.

(c) If a corporation, the names of the officers and directors, the principal place of business, and the state in which incorporated.

(d) If any other legal entity, the names and addresses of the legal holders of title.

(2) The circumstances of the case.

(3) A legal description of the property proposed to be vacated, to include the common known address, signed and certified by a land survey or registered by the State of Indiana.

(4) The correct names, addresses, and Zip Codes of all owners of land within 200 feet of the property proposed to be vacated.

(5) A location map and site plan showing existing conditions and public way or public place marked “to be vacated” on the map.

(6) A statement as to whether the Water and Sewer Utility of the City of Evansville, Indiana, or any other public utility desire to retain an easement within the area to be vacated, and if so, a legal description of said easement.

(7) An attachment to the petition from the Traffic Engineer and the Fire Department of the City of Evansville concerning the effect of such vacation on traffic flow, accessibility of emergency equipment, and any other matter concerning public safety.

(C) At the time of the filing of the petition, the person desiring such vacation shall file a completed vacation ordinance, the form of which is set forth in EMC 12.05.470 with a location map and site plan attached.

(D) At the time of the filing of the petition, the person desiring such vacation shall provide the City Clerk with two certified checks in sufficient amounts to pay for the costs of publication in the City newspapers and for the costs of recording. The checks shall be made out in the proper amounts to “The Evansville Courier Co.” and the County Recorder. Further, at the time of the filing of the petition, the person desiring the vacation shall provide the City Clerk with a filing fee of $100.00 payable by certified check to the City Clerk.

(E) All petitions and ordinances shall be filed along with 25 copies on eight and one-half by 11-inch paper with the petition as the first document and the ordinance as the second document.

(F) At the time the petition and ordinance are filed, the applicant shall also supply the City Clerk with notices to landowners whose land lies within 200 feet of the property to be vacated, and to each registered neighborhood association, pursuant to EMC 2.108.060, whose boundaries lie within 200 feet of the property to be vacated, the form of the notice being set forth in EMC 12.05.460 with pre-addressed envelopes and pre-addressed return receipts for certified mail returnable to the City Clerk with proper postage affixed. [Ord. G-98-14, passed 6-8-98; Ord. G-91-2, passed 1-30-91; Ord. G-89-3, passed 1-31-89; Ord. G-89-24, passed 6-14-89; Ord. G-86-13, passed 4-21-86; Ord. G-85-72, passed 12-16-85; Ord. F-84-39, passed 7-23-84; Ord. G-81-51, passed 10-26-81. 1962 Code, Art. 5, Ch. 3, § 1; 1982 Code § 96.70; 1983 Code § 9.96.70.]

12.05.460 Notice.

(A) The City Clerk shall give notice of the petition and of the time and place of the hearing, the form of which is set forth below, by publication one time in a newspaper of general circulation in the City at least 10 days before the public hearing.

(B) In addition, the City Clerk shall give notice of the petition and of the time and place of the hearing by certified mail to landowners whose land lies within 200 feet of the property proposed to be vacated, the notice to be mailed at least 10 days prior to the date of the public hearing.

NOTICE OF A PUBLIC HEARING REGARDING THE VACATION OF
_______________

The purpose of this hearing is for the consideration of the vacation of the following public way or public place:

(Herein describe the property legally and commonly)

The public hearing on the proposed action will be held on the ________ day of ____________, 20____, at ____ o’clock in Room _______, of the Civic Center Complex, Evansville, Indiana.

___________________
City Clerk

(D) The notice by certified mail shall be substantially as follows:

To Whom It May Concern:

Persons owning or having an interest in any lots or parts of lots contiguous to a public way or public place commonly referred to as _________________

_____________ have petitioned the Common Council of the City of Evansville to vacate the aforesaid public way or public place. It is required by law that a public hearing be held regarding this vacation, at which time any person aggrieved by the proposed vacation may object on the basis of certain grounds which are set forth in Indiana Code 36-7-3-13. The public hearing on this proposed action will be held on the ________ day of _____________, 20____, at ________ o’clock ___.m., in Room _______, of the Civic Center Complex, Evansville, Indiana.

___________________
City Clerk

[Ord. G-86-13, passed 4-21-86; Ord. G-81-51, passed 10-26-81. 1962 Code, Art. 5, Ch. 3, § 2; 1982 Code § 96.71; 1983 Code § 9.96.71.]

12.05.470 Public hearing.

(A) The Common Council of the City shall hold a public hearing on the petition within 30 days of the receipt of the petition. The public hearing is subject to the State Open Door Law (see IC 5-14-1.5-1 et seq.). At the public hearing, any person aggrieved by a proposed vacation may object to that vacation on one of the below grounds:

(1) The vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous.

(2) The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient.

(3) The vacation would hinder the public’s access to a church, school, or other building or place.

(4) The vacation would hinder the use of a public way by the neighborhood in which it is located or to which it is contiguous.

(B) At the time of the public hearing, the City Clerk shall provide proof of publication from the Evansville Printing Corporation and the return receipts from the certified mail notice which was sent to abutting landowners. The person desiring the vacation shall explain any unreturned receipts.

(D) The ordinance of vacation shall, omitting formal parts, be substantially as follows:

Ordinance No. G- ________ Introduced By: _______________________
Committee: Public Works

AN ORDINANCE TO VACATE CERTAIN PUBLIC WAYS OR PUBLIC PLACES WITHIN THE CITY OF EVANSVILLE, INDIANA, COMMONLY KNOWN AS

_______________________

BE IT ORDAINED by the Common Council of the City of Evansville, Indiana, as follows, to-wit:

Section I. That pursuant to EMC 12.05.450, a sworn petition was presented to the Common Council of the City of Evansville, requesting that the public place or public way described in Section III below be vacated by the City of Evansville.

Section II. That after due and proper notice a timely public hearing was convened by the Common Council, at which time all interested persons were permitted to address the Common Council regarding said vacation.

Section III. That the Common Council of the City of Evansville, after due investigation and consideration has determined that the nature and extent of the public use and the public interest to be subserved is such as to warrant the vacation of that part of the public way or public place described as follows, and further indicated by the words “To Be Vacated” on the drawing hereto attached, which is made a part of this Ordinance.

_______________________
_______________________
(here insert legal and common description)

Section IV. That the vacation of said public way or public place described in Section III above, is subject to an easement in favor of (herein designate Water and Sewer Utility of the City of Evansville, Indiana and such other public utilities as are requesting an easement), said easement is more particularly described as follows: (Note: Omit in total or in part if inapplicable)

_______________________
_______________________
(Here Insert Easement Description)

Therefore, the Common Council of the City of Evansville, Indiana, does hereby find the above-described public way or public place is no longer required for public use and the public interest will be served by such vacation, and the Common Council of the City of Evansville does hereby vacate that portion of the public way or public place described in Section III above subject to the terms and conditions as stated in this Ordinance.

(E) Upon passage of the ordinance of vacation, the City Clerk shall furnish a copy of the ordinance to the County Recorder for recording and to the County Auditor. [Ord. G-89-17, passed 10-25-89; Ord. G-83-38, passed 10-3-83; Ord. G-81-51, passed 10-26-81. 1962 Code, Art. 5, Ch. 3, § 3; 1982 Code § 96.72; 1983 Code § 9.96.72.]

12.05.480 Subsequent proceeding limited.

After the termination of a vacation proceeding under this article, a subsequent vacation proceeding affecting the same property and asking for the same relief may not be initiated for two years. [Ord. G-81-51, passed 10-26-81. 1962 Code, Art. 5, Ch. 3, § 4; 1982 Code § 96.73; 1983 Code § 9.96.73.]

12.05.490 Public utilities.

Notwithstanding this article, vacation proceedings in a municipality do not deprive a public utility of the use of all or part of a public way or public ground to be vacated if at the time the proceedings are instituted, the utility is occupying and using all or part of that public way or public ground for the location and operation of its facilities. However, the utility may waive its rights under this section by filing its written consent in the vacation proceedings. [Ord. G-81-51, passed 10-26-81. 1962 Code, Art. 5, Ch. 3, § 5; 1982 Code § 96.74; 1983 Code § 9.96.74.]

12.05.500 Right of appeal.

Within 30 days after the adoption of a vacation ordinance, any aggrieved person may appeal the ordinance to the Vanderburgh County Circuit Court. That Court shall try the matter de novo and may award damages. [Ord. G-81-51, passed 10-26-81. 1962 Code, Art. 5, Ch. 3, § 6; 1982 Code § 96.75; 1983 Code § 9.96.75.]

12.05.510 Vacation of platted easements.

Platted easements may be vacated in the same manner as public ways and public places in accordance with this chapter and State law. When the vacation proceedings involve only platted easements, all references shall be to platted easements instead of public ways or public places. [Ord. G-89-27, passed 10-25-89. 1982 Code § 96.76; 1983 Code § 9.96.76.]

Article V. Advertising Benches

12.05.520 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Advertising bench” means a bench which is placed on a City-owned right-of-way and on which advertising material is placed or is intended to be placed.

“Nonadvertising bench” means a bench which is placed on a City-owned right-of-way by the City or by a business association, upon which no advertising material is placed or intended to be placed. [Ord. G-85-42, passed 10-28-85. 1982 Code § 96.80; 1983 Code § 9.96.80.]

12.05.530 Purpose – Application – Limitation.

(A) This article is intended to regulate advertising benches. Nonadvertising benches will not be subject to this article, but will remain subject to the approval of the Board of Public Works.

(B) No person shall place or cause to be placed an advertising bench upon any City-owned right-of-way without obtaining approval from the Board of Public Works after competitive bid and complying with provisions of this article and this municipal code.

(C) Advertising benches may be placed only at bus stops designated by the Board of Public Works. Advertising benches may be placed on or contiguous to real estate zoned airport, agricultural, conservancy, commercial, central business, waterfront recreation, industrial, or floodway.

(D) No benches may be located on the Downtown Walkway (Main Street between Seventh Street and Southlane Drive) or one block on either side of the Downtown Walkway. [Ord. G-85-42, passed 10-28-85. 1982 Code § 96.81; 1983 Code § 9.96.81.]

12.05.540 Award of bids – Specifications.

(A) The Board of Public Works is authorized to establish reasonable rules, regulations, and restrictions on the type and placement of benches in order to fulfill the purposes of this article and to prepare specifications for competitive bids concerning the exclusive right to put advertising benches at designated bus stops.

(B) Specifications shall include the following:

(1) The bidder shall put benches up in the order determined by the Board of Public Works in a written exhibit attached to the specifications.

(2) The contract will be awarded based on factors including, but not limited to, the largest annual permit fee per bench, the highest and best bid, and the integrity and reliability of the bidder.

(3) Once established, the benches shall be allowed to remain during the term of the contract, which shall be two years.

(4) The specifications shall indicate upon what grounds the contract may be terminated. Those grounds shall include, but shall not be limited to: failing to abide by the terms of this article, this municipal code, and the rules, regulations, and restrictions ordered by the Board of Public Works, as well as the revocation of approval by the abutting property owners.

(5) The specifications shall also address the procedure for removal of any bench for cause, the transfer of a bench when requested by the Board of Public Works, and the transfer of a bench when requested by the owner.

(6) There shall be no proration of the annual fee for any shorter period or upon revocation.

(7) The contract awarded under this article shall have an effective date beginning one year from the effective date of the ordinance codified in this article.

(8) There shall be no more than 150 benches erected under this contract.

(9) To obtain and maintain the written approval of the abutting property owners prior to application.

(10) To maintain the bench in a safe and attractive condition.

(11) To remove the bench at the expiration of the term of the contract or when so ordered by the Board of Public Works.

(12) To obtain liability insurance insuring the City as an additional insured in policy limits of not less than $300,000 per person and $1,000,000 aggregate coverage, with property damage coverage of not less than $50,000.

(13) To indemnify and hold harmless the City, its officers, agents, and employees from any and all demands, claims, actions, and causes of action arising out of the installation and maintenance of benches and arising out of the awarding by the City of an exclusive contract regarding advertising benches.

(14) To place the bench in such a location and manner as directed by the Board of Public Works and that will not present a safety hazard.

(15) To install the bench in a safe and orderly manner and as otherwise directed by the Board of Public Works.

(16) To reimburse the City for actual cost incurred in the removal of a bench, which bench has not been removed within a reasonable time by the owner of the bench after request by the Board of Public Works.

(17) To notify the Board of Public Works if the abutting property owner revokes his approval.

(18) To install a conforming bench within that period of time established by the Board of Public Works in the specifications.

(19) The board may reject all bids if in its opinion to do so is in the best interest of the City.

(20) To refrain from placing any advertising material on the benches which is lewd, rude or otherwise morally offensive. [Ord. G-85-42, passed 10-28-85. 1982 Code § 96.82; 1983 Code § 9.96.82.]

12.05.550 Existing benches.

Existing advertising benches may remain on City-owned rights-of-way for a period not to exceed one year from the effective date of the ordinance codified in this article, if benches have been previously authorized by the Board of Public Works, if the owner of those benches elects to allow the benches to remain, and if the owner of those benches submits a list of locations of the remaining benches, along with a fee in the amount of $20.00 per bench, payable within 60 days of the effective date of the ordinance codified in this article to the City Controller by certified check. Existing advertising benches shall be removed from City-owned rights-of-way within 60 days of the effective date of the ordinance codified in this article if the above fee is not paid. Existing advertising benches shall be removed from City-owned rights-of-way within one year of the effective date of the ordinance codified in this article. During the first year after the effective date of the ordinance codified in this article, the provisions in this article, other than those in this section, shall not apply to existing advertising benches. [Ord. G-85-42, passed 10-28-85. 1982 Code § 96.83; 1983 Code § 9.96.83.]

Article VI. Violation – Penalty

12.05.560 Penalty.

(A) Any person who violates any provision of this chapter shall be subject to the penalties set forth in EMC 1.05.180.

(B) Additionally, any person who violates this chapter shall be responsible for the payment of all damages relating to the cost of repair or replacement due to violation thereof, and any costs of cleanup or removal of obstructions or materials deposited on a public way or place and any other remedies and damages allowed by law.

(C) In addition to the amounts and damages provided above, any person who violates EMC 12.05.070 shall be subject to a fine of not less than $250.00 nor more than $2,500 per violation.

(D) In addition to the amounts and damages provided in subsections (A), (B) and (C) of this section, any person who violates EMC 12.05.080 shall be subject to a minimum fine of $50.00 for the first violation of such ordinance, and a minimum fine of $250.00 for each subsequent violation. [Ord. G-91-13, passed 5-22-91; Ord. G-81-36, passed 9-28-81. 1982 Code § 96.99; 1983 Code § 9.96.99.]